A defendant shall be punished by imprisonment with prison labor for up to six months.

Criminal facts

On January 14, 2008, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Changwon District Court on January 14, 2008. On June 8, 2012, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for a crime of violating the Road Traffic Act.

On March 2, 2018, at around 23:17, the Defendant driven a CM5 vehicle without obtaining a driver’s license in a state of alcohol concentration of about 0.058% in the 3km section from the roads near the Yangpo-gu, Changwon-si, Changwon-si to the roads in front of the Changwon-si, Muwon-si, which are located in the Yangpo-dong, Yangpo-gu, Changwon-si, Seoul, without obtaining a driver’s license.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The ledger of driver's licenses of motor vehicles;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (a) and a summary order, etc. to the suspect;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small amount is that the Defendant has already been punished three times due to a violation of traffic laws on roads.

In particular, in the year 2012, the Defendant was under the influence of alcohol while driving a motor vehicle and did not take any measures to inflict an injury on four victims in total while driving a motor vehicle accident, and was sentenced to imprisonment with labor for ten months for an escape.